This Agreement shall constitute the entire agreement between you and TSL with respect to the subject matter hereof and all prior agreements, representations, and statement with respect to such subject matter are superseded hereby.
Conducttr is a network intelligence service designed to work at the hub of an entertainment and marketing network. It creates connected, personalized experiences by allowing storytellers to build behavioral models of their audience such that each user journey is tailored to the individual.
We have identified three types of API clients – collectively known here as Apps:
- Audience App – portal or Audience management service that allows end-users (the audience/readers/viewers) to access the Worlds scripted with Conducttr and manage their contact data, achievements and other Audience-owned data. The Developer is not the Author of the Worlds but provides a valuable service to those Authors by offering enhanced or specialized user experiences
- World App – application or website dedicated to a single World which may or may not allow the Audience to manage their contact details, achievements and other Audience-owned data. The Developer must be the Author of the World or have written permission from the Author
- Specialized Resource App (SRA) – application that provides enhanced services to the Conducttr ecosystem for use not directly by the end-user but by other Conducttr Authors.
We encourage Apps that allow creative people to:
- improve and enhance the user experience
- create new entertainment services
- get products and services to market faster, cheaper and in more connected, engaging ways.
We do not condone or authorize spammy services and behaviors.
We respect the privacy of our Authors and the users of their Worlds.
Attribute – data variable associated with any entity in a Conducttr World.
Audience – the person experiencing a World. This person may or may not have a registered Conducttr ID
Author – registered and authorized person creating Worlds with the Conducttr service
Conducttr Data – any and all data delivered via the API, including but not limited to Audience Data
Conducttr Audience – a user registered with the Conducttr service and who now has a Conducttr ID. Note that registration is not required for users to interact with Worlds
Conducttr ID – indentifies a member of the Audience registered with Conducttr (e.g. a username).
TSL – Transmedia Storyteller Limited (us).
Audience Data – personal data relating specifically to an identifiable end-user such as but not limited to email address, phone number, Facebook and Twitter ID, group membership, achievements, Attributes, Conducttr ID, location, city and country and any information or data from the Audience’s profile such as their avatar or profile picture, website or social media URLs, friends, followers and/or any comments or posted by that Audience.
World – an experience scripted with and hosted by the Conducttr service.
5 Registering Your Application/Service
To access the Conducttr API, you will first need to register at http://www.tstoryteller.com/signup and request access by emailing us at info [at] tstoryteller [dot] com.
6 Audience Data and Privacy
- you receive and use Audience Data
- you share Audience Data with Conducttr, for use by TSL for its own purposes; and
- the Audience may read the TSL privacy statement.
If you are located outside of the European Economic Area, you must specifically disclose this fact to the Audience (or Author if providing a SR) and make it clear to the Audience (or Author) that by using your App, the Audience will be initiating and/or requesting and/or consenting to the transfer of Audience Data to a country that may offer a lesser level of protection of the rights and freedoms of data subjects in relation to the processing of Audience Data.
You must not request access to more Audience Data than you actually need for the effective operation of your App, and must not retain Audience Data for longer than is reasonably necessary. Make sure you look after the Audience Data you receive from the Audience, ensuring that the data is stored securely and is safe from unauthorized disclosure or loss.
You must take commercially reasonable steps, compliant with applicable laws, rules and regulations, to protect all data you collect through the API or that the Audience submit to the Conducttr service through your App and your authentication key from unauthorized use, disclosure or access.
You must not give your authentication key to another party. SSL encryption must be used during all transfer of authentication keys, including and not limited to file transfer to and from your servers and code repository.
You must notify TSL of any changes in contact data, acquisitions and mergers with a third party, insolvency and business discontinuity.
TSL may revoke your authentication credentials at any time, for any reason or no reason, with or without notice, and without liability to you or any other person.
You must notify us immediately in the event of any unauthorized access to Conducttr Data, your authentication key, and/or your application and/or website.
If your App authenticates Conducttr Audiences using their Conducttr ID:
- You may not include functionality in your App that requests or collects Conducttr passwords, and you may only permit the Audience to log in via OAuth1.
- Your App must provide an easily accessible unsubscribe link.
You will only request the Conducttr Data you need to operate your App. You must discontinue use of Conducttr Data and delete it when your App has no such further use for it, including, without limitation, when a user has withdrawn consent or your App’s API privileges have been revoked
TSL expressly reserves the right to limit the number and/or frequency of API requests at its sole discretion. If TSL reasonably believes that you have attempted to exceed or circumvent the rate limits (including, without limitation, through mass-registering of applications), your ability to use the API may be temporarily or permanently blocked, with or without notice, and without TSL liability to you or any other person.
If your App requires or permits the transfer of user information outside of the user’s home country (including transfers to TSL’s servers, which are in Europe), you must ensure that such transfer complies with applicable laws. If your App collects any information about the Audience or submits any Audience information to TSL, whether acting as the Audience of your App or indirectly:
- You must prominently notify and obtain affirmative consent from the user before his or her data is collected or used by your App. The notification must clearly disclose that both you and TSL collect and use the user’s data;
- You must respect any Conducttr Audience settings.
- You must obtain affirmative consent from the user who provided the data before using it for any purpose
- You must obtain affirmative consent from a user before you post any information on their behalf including but not limited to Twitter or Facebook.
- If a user authorizes your App to access the Conducttr service, you may use such user’s Conducttr friends’ data only in the context of the user’s experience with your App. You may not use a user’s friends’ information outside of your App, even if a user consents to such use. No other use or retention of friend information is permitted.
- You must explain to the Audience that by disabling their use of your App, you will permanently delete all data specific to their account.
- SSL encryption must be used during all transfer of personally-identifiable information over the Internet, including and not limited to communication with data storage (database servers and cache servers) and file transfer to and from your servers and code repository.
- Your App may not falsify the location of a user when communicating with Conducttr.
You may use Conducttr data alongside your own data or as your sole database; provided that:
- Access to the API is currently provided free of charge, but TSL reserves the right to charge for access to the API in the future, at its sole discretion. If we do charge a fee for using the API or any feature thereof, you do not have any obligation to continue to use the API or the applicable feature.
Your App must offer a simple means for the Audience to disable your App, upon which disabling, you shall permanently delete all data of such Audience member.
You may cache data you receive through use of the API in order to improve your App user experience, but you should try to keep the data up to date and must delete all old data. This permission does not give you any rights to the cached data.
You may not track a user’s activity, history or retain any data derived from a user’s activity or history unless it is solely to improve the user experience and by first making the desired use clear to the user and obtaining affirmative consent to that use from that user.
In no event may you cache any data for more than 7 days.
If you stop using the API or we disable your App, you must delete all Conducttr Data.
You must delete all Audience Data that you receive from the API if the Audience member asks you to do so, and you must provide a simple and easily accessible mechanism for the Audience to make such a request. We may require you to delete data you receive from the API if you violate our terms. In the event that we do, we will have no liability to you or any other person.
7.4 No Transfer
You will not directly or indirectly transfer any Conducttr Data, including Audience Data or Conducttr IDs, to (or use such data in connection with) any ad network, ad exchange, data broker, data mining service or broker, or other advertising or monetization related toolset, even if the Audience consents to such transfer or use. By “indirectly,” we mean you cannot, for example, transfer data to a third party who then transfers the data to an ad network. By “any Conducttr Data,” we mean all data obtained through use of the API, including aggregate, anonymous or derivative data.
You will not sell, rent, or transfer any Conducttr Data. If you are acquired by or merge with a third party, you may continue to use Audience Data within your App but you may not transfer data outside your App.
Do not incorporate TSL Trademarks or logos into your own product names, service names, trademarks, logos, or company names, and do not adopt marks or logos that are confusingly similar to TSL Trademarks and logos.
Do not make unlicensed use of TSL’s licensed logos. Third-party use of TSL logos requires a license or written permission from TSL. If you are interested in obtaining a license to use a TSL logo, please contact us.
8 Other Legal Terms
You may terminate this agreement at any time by ceasing your access to the Conducttr API and use of any Conducttr Data, and deleting all copies of the Conducttr API and Conducttr Data. TSL may immediately suspend your access to the API (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in this agreement or otherwise engage in activities that TSL reasonably determines are likely to cause liability to TSL. TSL may also terminate any agreement hereunder for any reason (including by email to the address associated with your account). TSL will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Conducttr API and Conducttr Data and will delete all Conducttr Data and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your App. On termination of this agreement apps listed in any app stores shall be removed within 5 days.
You may be given access to certain non-public information, software, and specifications relating to the Conducttr API (“Confidential Information”), which is confidential and proprietary to TSL. You may use this Confidential Information only as necessary in exercising your rights granted in this agreement. You may not disclose any of this Confidential Information to any third party without TSL’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
8.3 Ownership & Feedback
You expressly acknowledge that TSL, its Authors and Audience retain all worldwide right, title and interest in and to the Conducttr Data, including all intellectual property rights therein. You also acknowledge that as between you and TSL, TSL owns all right, title and interest in and to the Conducttr API, TSL Trademarks, and the Conducttr service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge TSL’s ownership of, the validity of any license to use, or otherwise copy or exploit the TSL Trademarks during or after the termination of this agreement except as specifically authorized herein.
As between you and TSL, you retain all worldwide right, title and interest in and to your App, excluding the Conducttr API, TSL Trademarks, and the Conducttr service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide TSL with comments concerning the Conducttr Data or Conducttr API or your evaluation and use thereof. You agree that TSL and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
TSL may update or modify the Conducttr API, this agreement, and other terms and conditions from time to time at its sole discretion by posting the changes on this website or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Conducttr API. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Conducttr API and Conducttr Data. Your continued access or use of the Conducttr API or any Conducttr Data will constitute binding acceptance of the change.
8.5 Representations, Warranties and Disclaimer.
You represent and warrant that:
- you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
- you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
- your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.
THE CONDUCTTR DATA, CONDUCTTR API, AND ANY OTHER TSL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TSL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TSL DOES NOT WARRANT THAT THE CONDUCTTR DATA AND CONDUCTTR API AND ANY OTHER TSL PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH CONDUCTTR DATA AND CONDUCTTR API BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
8.6 Certain Liability Matters.
Disclaimers. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Conducttr Data. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from use of the Conducttr API. Under no circumstances shall TSL be responsible for any loss or damage, including personal injury or death, resulting from use of the Conducttr API or any interactions between Audience or Authors whether online or offline.
THE CONDUCTTR API IS PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitation on Liability. IN NO EVENT SHALL TSL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO TSL IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
Release. You hereby release TSL and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other users, (ii) the use of the Services, or (iii) participation in any TSL project.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Indemnity. You agree to defend, indemnify, and hold TSL and its clients and affiliates and their respective shareholders, officers, directors, managers, employees, agents and successors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
Governing Law. This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Entire Agreement; Waiver; Headings. This Agreement constitutes the entire agreement between you and TSL regarding your use of the Conducttr API. The failure of TSL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Investigation; Enforcement. We reserve the right (but have no obligation) to investigate and take appropriate legal action at our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation reporting you to law enforcement authorities and taking legal action against you.
Assignment. You may not assign this Agreement. All rights you may have under this Agreement automatically terminate upon your death.